A defendant shall be punished by imprisonment for not less than eight months and suspension of qualifications for one year.

However, the above imprisonment for a period of two years from the date this judgment became final.

Punishment of the crime

The Defendant is a person who served as an accounting employee in Gyeyang-gu Incheon Metropolitan City, No. 309, which was operated by B from September 20, 2012 to February 20, 2013, and “E” is a F’s mother who has a dispute over the ownership of B and D.

No person shall make public or divulge the contents of conversation without recording or listening to communications between others that are not open to the public without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

1. Nevertheless, around October 29, 2012, the Defendant: (a) reported at the foregoing D office that B would be punished for a dispute over B’s father G and D ownership; and (b) recorded the contents of the conversation between B and B using his mobile phone without the consent of B, etc., who is a conversation, on the ground that if the president of D is replaced by his father, it would be unlikely to receive benefits; and (c) there is a concern that if the president of D is replaced,

Accordingly, the Defendant recorded a conversation between others that is not open to the public.

2. On October 29, 2012, the Defendant, at the same place, had F use in favor of the dispute over D ownership with B, sent a voice file of a conversation between B and G, which was recorded in the said method, to F’s cellular phone using the Kakaox, a smartphone display case.

Accordingly, the Defendant revealed the contents of conversation between others, which he came to know by the above methods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutorial assistant to B, F, and E;

1. Each investigation report and record book;

1. The application of Acts and subordinate statutes to an investigation report (to hear statements from a complainant);

1. Article 16 (1) 1, Article 3 (1) (the point of keeping a recording of conversations between others that are not open to the public), and Article 16 (1) 2 and 1 of the Protection of Communications Secrets Act concerning criminal facts (the point of divulging the contents of the recorded communications or conversation);

1. Imprisonment with prison labor and suspension of qualification in choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation;